Commission Implementing Decision (EU) 2023/2752 of 7 December 2023 amending Implementing Decision (EU) 2023/941 as regards harmonised standards for mountaineering equipment, helmets for equestrian activities and gloves drafted in support of Regulation (EU) 2016/425 of the European Parliament and of the Council
Date: 2023-12-07
Institutions: Directorate-General for Internal Market, Industry, Entrepreneurship and SMEs, European Commission
Subjects: EC conformity marking, European standard, harmonisation of standards, market approval, marketing standard, protective equipment, safety standard, technical specification, technical standard








L_202302752EN.000101.fmx.xml












Official Journal of the European Union


EN
Series L













2023/2752


11.12.2023







            COMMISSION IMPLEMENTING DECISION (EU) 2023/2752
of 7 December 2023
         
amending Implementing Decision (EU) 2023/941 as regards harmonised standards for mountaineering equipment, helmets for equestrian activities and gloves drafted in support of Regulation (EU) 2016/425 of the European Parliament and of the Council
(Text with EEA relevance)


THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,


Having regard to Regulation (EU) No 1025/2012 of the European Parliament and of the Council of 25 October 2012 on European standardisation, amending Council Directives 89/686/EEC and 93/15/EEC and Directives 94/9/EC, 94/25/EC, 95/16/EC, 97/23/EC, 98/34/EC, 2004/22/EC, 2007/23/EC, 2009/23/EC and 2009/105/EC of the European Parliament and of the Council and repealing Council Decision 87/95/EEC and Decision No 1673/2006/EC of the European Parliament and of the Council (1), and in particular Article 10(6) thereof,

Whereas:







(1)


In accordance with Article 14 of Regulation (EU) 2016/425 of the European Parliament and of the Council (2), personal protective equipment that is in conformity with harmonised standards or parts thereof, the references of which have been published in the Official Journal of the European Union, is to be presumed to be in conformity with the essential health and safety requirements set out in Annex II to that Regulation covered by those standards or parts thereof.












(2)


By Commission Implementing Decision C(2020)7924 (3), the Commission made a request to the European Committee for Standardization (CEN) and the European Committee for Electrotechnical Standardization (Cenelec) to revise and to complete the work on harmonised standards in support of Regulation (EU) 2016/425 to ensure that they continue to reflect the generally acknowledged state of the art in order to meet the essential health and safety requirements set out in Annex II to that Regulation.












(3)


On the basis of the request set out in Implementing Decision C(2020)7924, CEN drafted the following harmonised standards: EN 892:2012+A3:2023 on dynamic mountaineering ropes, EN 1384:2023 on helmets for equestrian activities, and EN 13089:2011+A3:2023 on ice-tools for mountaineering equipment.












(4)


On the basis of the request set out in Implementing Decision C(2020)7924, CEN revised the harmonised standard EN 10819:2013 as amended by EN ISO 10819:2013/A1:2019 on mechanical vibration and shock, the reference of which is published by Commission Implementing Decision (EU) 2023/941 (4). The revision was carried out to adapt this standard to the legal framework of Regulation (EU) 2016/425 and to increase legal certainty and clarity by providing more precise information in the Annex ZA of this standard and by dating normative reference. As a result, CEN adopted the the amendment EN ISO 10819:2013/A2:2022.












(5)


The Commission, together with CEN, has assessed whether the harmonised standards, EN 892:2012+A3:2023, EN 1384:2023, EN ISO 10819:2013/A2:2022, EN 13089:2011+A3:2023 comply with the request set out in Implementing Decision C(2020)7924.












(6)


Harmonised standards EN 892:2012+A3:2023, EN 1384:2023, EN ISO 10819:2013/A2:2022 and EN 13089:2011+A3:2023 satisfy the essential health and safety requirements which they aim to cover and which are set out in Regulation (EU) 2016/425. It is therefore appropriate to publish the references of those harmonised standards in the Official Journal of the European Union.












(7)


Annex I to Implementing Decision (EU) 2023/941 lists the references of harmonised standards conferring a presumption of conformity with Regulation (EU) 2016/425. In order to ensure that the references of harmonised standards drafted in support of Regulation (EU) 2016/425 are listed in one act, the references of harmonised standards EN 892:2012+A3:2023, EN 1384:2023, EN ISO 10819:2013/A2:2022 and EN 13089:2011+A3:2023 should be included in that Annex.












(8)


It is necessary to withdraw the reference of harmonised standardEN ISO 10819:2013 as amended by EN ISO 10819:2013/A1:2019 from the Official Journal of the European Union, given that this standard has been revised. It is therefore appropriate to delete this reference from Annex I to Implementing Decision (EU) 2023/941.












(9)


Implementing Decision (EU) 2023/941 should therefore be amended accordingly.












(10)


In order to give manufacturers sufficient time to prepare for the application of the revised standard, it is necessary to defer the withdrawal of the reference of harmonised standardEN ISO 10819:2013 as amended by EN ISO 10819:2013/A1:2019.












(11)


Compliance with a harmonised standard confers a presumption of conformity with the corresponding essential requirements set out in Union harmonisation legislation from the date of publication of the reference of such standard in the Official Journal of the European Union. This Decision should enter into force on the date of its publication,





HAS ADOPTED THIS DECISION:



Article 1
Annex I to Implementing Decision (EU) 2023/941 is amended in accordance with the Annex to this Decision.


Article 2
This Decision shall enter into force on the day of its publication in the Official Journal of the European Union.
Point (3) of the Annex shall apply from 11 June 2025.




Done at Brussels, 7 December 2023.


For the Commission


The President

Ursula VON DER LEYEN
            





(1)  
            OJ L 316, 14.11.2012, p. 12.

(2)  Regulation (EU) 2016/425 of the European Parliament and of the Council of 9 March 2016 on personal protective equipment and repealing Council Directive 89/686/EEC (OJ L 81, 31.3.2016, p. 51).

(3)  Commission Implementing Decision C(2020)7924 of 19 November 2020 on a standardisation request to the European Committee for Standardization and the European Committee for Electrotechnical Standardization as regards personal protective equipment in support of Regulation (EU) 2016/425 of the European Parliament and of the Council.

(4)  Commission Implementing Decision (EU) 2023/941 of 2 May 2023 on harmonised standards for personal protective equipment drafted in support of Regulation (EU) 2016/425 of the European Parliament and of the Council (OJ L 125, 11.5.2023, p. 37).




ANNEX
Annex I to Implementing Decision (EU) 2023/941 is amended as follows:






(1)


the following entry 63a is inserted:












 


‘63a.






EN 892:2012+A3:2023
Mountaineering equipment – Dynamic mountaineering ropes – Safety requirements and test methods’;














(2)


the following entry 77a is inserted:












 


‘77a.






EN 1384:2023
Helmets for equestrian activities’;














(3)


entry 84 is deleted;










(4)


the following entry 84a is inserted:












 


‘84a.






EN ISO 10819:2013
Mechanical vibration and shock – Hand-arm vibration – Measurement and evaluation of the vibration transmissibility of gloves at the palm of the hand (ISO 10819:2013)
EN ISO 10819:2013/A1:2019
EN ISO 10819:2013/A2:2022’;














(5)


the following entry 112a is inserted:












 


‘112a.






EN 13089:2011+A3:2023
Mountaineering equipment – Ice-tools – Safety requirements and test methods’.











ELI: http://data.europa.eu/eli/dec_impl/2023/2752/oj
ISSN 1977-0677 (electronic edition)